Peter Shapiro

Partner

Peter.Shapiro@lewisbrisbois.com

Peter Shapiro is a partner in the New York office of Lewis Brisbois and is Regional Vice-Chair of the Labor & Employment Practice, Chair of the ADA Compliance and Defense Practice, and Vice-Chair of the Directors & Officers Litigation Practice. He also is a member of the Professional Liability, Complex Business & Commercial Litigation, Business Practices, and Appellate Practices. Mr. Shapiro’s practice encompasses New York and New Jersey. Additionally, Mr. Shapiro regularly represents defendants in accessibility claims concerning the design and operation of websites. Mr. Shapiro has more than 40 years of litigation experience, with emphasis on the defense of employment discrimination, ADA access matters, non-compete, wage and hour, D&O litigation, civil rights, trade secrets, legal malpractice, defamation, commercial, and miscellaneous professional liability matters. He also counsels clients regarding employment law compliance issues.

Mr. Shapiro was previously Co-Chair of the EEO Committee and a member of the Executive Committee of the Labor and Employment Section of the New York State Bar Association.

Mr. Shapiro has handled numerous trials, arbitrations, and appeals. He has successfully mediated a myriad of employment and other disputes and remains devoted to achieving creative and cost-effective solutions in appropriate cases and aggressively litigating defensible cases. Mr. Shapiro has defended hundreds of class actions, including consumer actions and ADA- related actions. In addition, Mr. Shapiro has extensive experience defending attorneys, debt collectors, creditors, real estate and insurance agents and brokers, real property managers, appraisers and inspectors, third-party administrators, social services agencies and financial institutions in a wide range of litigation, including claimed violations of civil rights, consumer lawsuits alleging violations of the Fair Debt Collection Practices Act, the New York General Business Law, the New Jersey Consumer Fraud Act, and the Racketeering Influenced and Corrupt Organizations Act (RICO), and other statutory and common law claims. Mr. Shapiro also handles claims of professional malfeasance concerning the design and operation of websites and allegedly deficient software design. 

Primary Area(s) of Practice

  • Labor & Employment
  • Professional Liability
  • Complex Business & Commercial Litigation
  • Directors & Officers Litigation
  • Appellate
  • ADA Compliance & Defense

Additional Experience

Admissions

New York

New Jersey

2d Circuit Court of Appeals, 3d Circuit Court of Appeals, S.D.N.Y., E.D.N.Y., W.D.N.Y, N.D.N.Y, D.N.J., E.D. Mich., D. Ct. and D. Co.

Associations

  • New York State Bar Association, Member, Labor & Employment Section, EEO Committee (past co-chair), Wage & Hour Subcommittee, Disabilities Subcommittee
  • Claims Litigation & Management Alliance, Member

Awards & Honors

  • Martindale Hubbell®, AV Preeminent® Rating
  • Martindale Hubbell Top Rated Lawyer 2021
  • ALM Top Rated Lawyers for Labor & Employment Law and Civil Litigation in New Jersey
  • Super Lawyer, New York Metro, Employment Litigation Defense

Professional Presentations

  • ADA Website Litigation 2024 Primer (mylawCLE), February 13, 2024
  • Online Webinar, “Do websites fall under the ADA? An update on the courts, DOJ, and web accessibility,” presentation with Usablenet.com, October 12, 2022
  • Online Webinar: “Update on Employer Obligations Under the NYC Fair Chance Act”, presentation for West/Thomson Reuters, October 29, 2021
  • Legal Update: "The Litigation Landscape for ADA Digital Lawsuits," presentation with Usablenet.com, June 16, 2021
  • Online Webinar, "Employment II - 2021 Recent Developments," Lewis Brisbois Webinar, May 20, 2021
  • ADA Website Lawsuits during Coronavirus,” presented to clients of Usablenet.com, May 13, 2020
  • “ADA Website Accessibility Claims- What You Need To Know & Why,” Presentation to Zurich Insurance, 2019
  • "Wage & Hour and EPLI: Coverage Options and Best Practices for Minimizing Your Exposure to Claims,” American Conference Institute EPLI Conference, 2012
  • “Turning Points in EEO Litigation” Workshop, NYSBA Labor & Employment Section Annual Meeting, 2006
  • “Ethical Issues and Severance Agreements,” NYSBA Labor & Employment Section Annual Meeting, 2002

Education

University of Pennsylvania Law School

Juris Doctor, cum laude, 1981

University of Pennsylvania

Bachelor of Arts, magna cum laude, 1977

Publications

Published and Unpublished Decisions

  • Sharp v. Ferrante, 220 A.D.3d 587 (N.Y. App. Div. 1st Dep't 2024) (affirming dismissal of complaint alleging attorney malpractice based on statute of limitations and of fraud claim based on failure to plead with specificity)
  • Sylvan v. St. Giles, 223 A.D. 3d 637 (N.Y. App. Div. 1st Dep't 2024) (affirming order notice of pendency filed by commercial tenant alleging breach of lease)
  • De La Fuente v. The Sherry-Netherland, Inc., 2021 U.S. App. LEXIS 4458 (2d Cir. 2021) (affirming dismissal of housing discrimination claims against a cooperative apartment building) 
  • Electra v. 59 Murray, 987 F.3d 233 (2d Cir. 2021) (affirming summary judgment dismissal of Lanham Act, defamation and New York General Business Law claims and disqualification of plaintiffs’ experts in case brought by models whose images were used in advertisements allegedly without their consent) 
  • Columbia Aircraft Sales, inc. v. Piper Aircraft, Inc. (2d Cir. 2021) (Deniying plaintiff motion filed by writ of mandamus to overturn the decision of the District of Connecticut that granted our motion to transfer a franchisee-franchisor dispute to Florida federal court on the grounds that plaintiff failed to demonstrate that it has no other means to obtain the requested relief, that the district court abused its discretion or that the writ was appropriate under the circumstances)
  • Richards v. Security Resources, Inc., 187 A.D.3d 452 (N.Y. App. Div. 1st Dep’t 2020) (affirming grant of pre-answer motion to dismiss employee complaint alleging wrongful discharge, defamation and intentional infliction of emotional distress)
  • Feldmann v. Scepter, 185 A.D.3d 449 (N.Y. App. Div. 1st Dep’t 2020) (reversing grant of summary judgment for breach of contract against corporate officer on the grounds that it was not established that he intended to be held personally liable)
  • Sarno v. Midland, 435 Fed. Appx. 44 (2d Cir. 2011) (affirming grant of motion to dismiss Fair Debt Collection Practices Act class action complaint)
  • Johnson v. NYU Hospitals Center, 39 A.D.3d 817 (N.Y. App. Div. 1st Dep’t 2007) (reversing lower court and directing dismissal of plaintiff’s race and sex discrimination and retaliation claims)
  • Christophel v. New York Presbyterian, 171 A.D. 3d 611 (N.Y .App Div. 1st Dep't 2019) (affirming summary judgment dismissing claim that decedent’s suicide was caused by negligent care rendered by outpatient substance abuse facility)
  • PRG Brokerage v. Aramarine, 107 A.D.3d 559 (N.Y. App. Div. 1st Dep't 2013) (affirming summary judgement dismissing breach of contract and unjust enrichment claims)
  • Keness v. Feldman, 105 A.D.3d 812 (N.Y. App. Div. 2d Dep't 2013) (affirming dismissal of complaint alleging malpractice by attorneys who advised plaintiff to settle rather than litigate disputed guardianship)
  • Citidress II Corp. v. Tokayer, 105 A.D. 3d 798 (N.Y. App. Div. 2d Dep't 2013) (affirming dismissal of complaint alleging legal malpractice based on speculative allegations and without specific facts regarding causation and damages)
  • Bothe v. Vytra Health Plans Long Island, 13 A.D.3d 586 (N.Y. App. Div. 2d Dep’t 2004) (affirming summary judgment dismissing medical malpractice claim against HMO based on ERISA preemption)
  • Appel v. Giddins, 89 A.D.3d 543 (N.Y.  App. Div. 2d Dep’t 2011) (affirming dismissal of fraud, negligent misrepresentation and other claims against attorney escrow agent)
  • Blundell v Nihon, 2018 U.S. Dist. LEXIS 163948 (W.D.N.Y. 2018) (granting summary judgment dismissing claims of disability discrimination and retaliation)
  • Dass v. National Retail Transportation, Inc., 2005 N.J. Super. Unpub. LEXIS 516 (N.J. App. Div. 2005) (affirming summary judgment dismissing whistleblower claim)
  • Nazinitsky v. Fairmont Insurance Brokers, Ltd., 2010 U.S. Dist. LEXIS 20955 and 2009 U.S. Dist. LEXIS 125631 (E.D.N.Y. 2010) (granting summary judgment dismissing religious discrimination claim by nonobservant Jew against company owned by observant Jew)
  • Catalenello v. Kramer, 2014 U.S. Dist. LEXIS 63044 (S.D.N.Y. 2014) (granting pre-answer motion to dismiss claim by individual alleging that law professor defamed him by publishing law review article and delivering lecture discussing the allegations of a discrimination claim against plaintiff)
  • Policastro v. Tenafly Board of Education, 438 Fed. Appx. 153 (3d Cir. 2011) (affirming grant of summary judgment dismissing teacher’s First Amendment claim)
  • Garcia v. Paylock, 2014 U.S. Dist. LEXIS 10568 (E.D.N.Y. 2014) (granting pre-answer motion to dismiss complaint alleging violations of New York State and City Human Rights Laws and federal civil rights claims against employer which terminated plaintiff after he was arrested; subsequent appeal dismissed) 
  • Yellow Book USA, Ltd. v. Healy (N.Y. Supreme Ct. Nassau Co. 2006) (denying plaintiff’s preliminary injunction motion to restrain competitive employment of former salesman who allegedly stole trade secrets)
  • Baptiste v. The W Hotel, 2005 WL 020779 (S.D.N.Y.) (dismissing civil rights complaint of hotel visitor who claimed she was stereotyped as a prostitute based on her race) 
  • Doe v. Harrison, 254 F. Supp.2d 338 (S.D.N.Y. 2003) (dismissing civil rights claim of female involuntarily committed to a private hospital for psychological problems)
  • Orchard Motorcycle Distributors, Inc. v. Morrison, 49 A.D.3d 292 (N.Y. App. Div. 1st Dep’t 2008) (affirming summary judgment dismissing legal malpractice claim alleging that law firm’s mishandling of a Chapter 11 bankruptcy resulted in the destruction of plaintiffs’ business and caused $9,000,000 damages)
  • Stoecker v. Echevarria, 408 N.J. Super. 597 (App. Div. 2009) (affirming dismissal of legal malpractice claim based on plaintiff’s untimely service of affidavit of merit)